DADRI EDUCATION SOCIETY Vs. JAGDISH PARSHAD

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the Appellate authority.

(2.) THE necessary facts giving rise to the present revision petition are that the petitioner Society filed an application dated 13. 9. 86 against the tenant for fixation of fair rent on the averments that the learned Rent Controller, Charkhi Dadri in a previous application between the same parties fixed the fair rent at the rate of Rs. 149. 50 paise per month with effect from 1. 10. 79 and that since a period of five years has elapsed, the petitioner-society is entitled to fixation of fair rent afresh, in accordance with law. The Rent Controller determined the fair rent at Rs. 213 per month from the date of the application The matter went up in appeal at the instance of the tenant and in appeal the appellate authority has reversed the order of the Rent Controller by fixing the fair rent at the rate of Rs. 170/- per month. The petitioner-landlord has come up in revision petition against the order of the appellate authority.

(3.) IT has been argued by the learned counsel for the petitioner that the fixation of fair rent is contrary to the dictum of law laid down in Gela Ram v. Sat Pal Sharma, (1988-2) 94 P. L. R. 35. My pointed attention was drawn to the following observations of the Division Bench in Gela Ram's case (supra ).